Monis v The Queen; Droudis v The Queen [2013] HCA 4: offensive post is not protected speech

You may not write to the parent of an Australian serviceman, who lost his life in the service of his country, and compare him to a pig and dirty animal. You may not call him a a murderer of civilians, and Adolph Hitler not inferior to him in moral merit. You may not refer to …

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The law giveth; and the law taketh away: Brittain v Mansour [2013] VSC 50

On 30 August 2011 Ellie Mansour pleaded guilty to one charge of selling unsuitable food, contrary to the Food Act 1984 s 12(2).The Magistrates' Court sitting at Melbourne imposed on Mr Mansour an adjourned undertaking without conviction, in accordance with Sentencing Act 1991 s 75, with a special condition that he pay $2500 to St …

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Instructors at trial

Edit: The judgment referred to below can now be found on AustLII (suitably redacted), as MK v Victoria Legal Aid [2013] VSC 49.On Monday the Supreme Court will rule on an application in a murder trial for an order directing Victoria Legal Aid to,provide legal representation to the accused necessary for the accused to receive …

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Functus officio: DPP v Edwards [2012] VSCA 293

Functus officio is a latin phrase that translates as 'having discharged an office'.In the law, it's closely related to the doctrine of res judicata, which refers to a matter decided or adjudicated by a competent court and so conclusive between the parties to the matter.The difference between the two, if there is one, is not …

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